Estate Planning, Death and Disability

Alex Kincaid Law provides a full range of estate planning services to our clients. In addition, the firm’s many years of experience in representing public safety personnel provides us with unique insights and advantages in advising our clients on the benefits available in the event of death and disability.

Alex Kincaid Law represents public safety personnel throughout Idaho and Oregon.  Unfortunately, we have had occasion to advise individual employees and their families when the call to service results in a death or disability. Our unique experience has afforded us the opportunity to advise our clients on the full range of death and disability benefits which are available to public safety personnel.

The various benefits associated with line of duty death and disability include, for example, a federal death benefit payable to survivors of public safety personnel which exceeds $250,000 (Public Safety Officers Benefits Act; 42 U.S.C. § 3796 et seq.). There are a host of other benefits provided through retirement systems, workers’ compensation, and other private foundations. In addition, there are federal and state scholarship monies available to children of surviving public safety personnel killed in the line of duty.

Alex Kincaid Law will guide you through the complex (and often confusing) area of wills, trusts, probate, and estate planning in plain English. Alex Kincaid Law designs personal estate plans around the concept of keeping you in control of your personal and financial affairs during your life, upon incapacity, and at death. Each estate plan is uniquely designed for you and your family’s needs and concerns.

Our estate planning and estate administration services include:

  • Powers of Attorney
    • Durable Power of Attorney for Management of Property
    • Advance Health Care Directive (Medical and End-of-Life Decisions)
  • Probate Court Petitions
  • Probate Process
    • Court Administration for Wills
  • Revocable Trusts
    • Trust Administration
  • Transfer of Property Without Probate
  • Trust Administration
  • Wills

Read more about the Estate Planning offerings here.

Critical Incidents

Shootings, in-custody deaths, significant uses of force, and other “critical incidents” should always be viewed as criminal investigations, and the involved officer should speak only with a representative from this office about the incident. If a fellow officer is involved in a critical incident, you may assist him/her by lending emotional support, attending to personal needs, and calling for legal representation, but do not discuss the incident. There is arguably no confidential communication privilege in such conversations. However, officers should disclose information relating to suspect description, direction of flight, direction of shots, and other information important to officer/public safety.

Your Rights

In any criminal or administrative investigation, you have the absolute right to consult a representative of your choice before making any statement, oral or written, regarding any matter that could lead to punitive action.

For an exclusively administrative matter, you may consult with your representative. However, you should talk only to someone from a law office for any matter that has potential criminal liability, such as any use of force. There is no confidential communication privilege between you and a union or other representative.